Student sample for assessment
Written by a Year 10 student in Dandenong, Victoria, Australia.
This submission argues in favour of holding social media platforms legally liable for harmful content published on them, subject to a defined safe harbour for platforms that can demonstrate reasonable compliance with their content moderation obligations. The case for legal liability rests on a structural asymmetry that the current framework fails to address. Social media platforms profit from the engagement that harmful content generates — including harassment, misinformation and content promoting self-harm — without bearing the costs of the harm that content produces. The beneficiaries of harmful content are the platforms; the costs are borne by the individuals harmed, the communities affected and the public institutions required to respond. Liability shifts the cost back to the party that profits from the structure, creating an incentive for platforms to invest in content moderation proportionate to their actual capacity. The relevant question is not whether platforms can moderate effectively — they have demonstrated they can when motivated — but whether the current framework provides sufficient motivation. The strongest objection to platform liability is that it would create a chilling effect on lawful speech: platforms, fearful of liability, would over-moderate and remove legitimate content. This is a serious objection that requires direct engagement. The safe harbour provision in this submission addresses the chilling effect directly: platforms that can demonstrate reasonable compliance with defined content moderation standards would retain immunity, so the only content subject to removal would be content that demonstrably falls below defined thresholds. The model is not novel. The European Union’s Digital Services Act establishes a similar framework in which liability and safe harbour operate together, and the evidence from its early implementation does not indicate systematic over-moderation of lawful content. The inquiry panel is invited to recommend a liability framework accompanied by a statutory safe harbour, with defined content moderation standards, mandatory transparency reporting and an independent appeals process for disputed content removal decisions.